Perfekt Marketing LLC v. Luxury Vacation Deals LLC et al

Filing 15

ORDER Granting 12 Motion to Extend Time to Respond to Complaint. United States of America answer due 5/18/2015. Signed by Magistrate Judge Peggy A. Leen on 4/30/2015. (Copies have been distributed pursuant to the NEF - DC)

Case 2:15-cv-00717-JCM-PAL Document 12 Filed 04/22/15 Page 1 of 4

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CAROLINE D. CIRAOLO
Acting Assistant Attorney General

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GERALD A. ROLE (IL #6198922)
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 683
Washington, D.C. 20044
T: 202-307-0461
F: 202-307-0054
[e-mail]
Attorneys for defendant
United States of America

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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PERFEKT MARKETING, LLC,

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)
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Plaintiff,
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v.
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LUXURY VACATION DEALS, LLC, et al., )
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Defendants.
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_______________________________________)

Case No. 2:15-CV-00717-JCM-PAL
(Removal of Case No. A-14-703785-F
from the District Court of Clark County,
Nevada)
UNITED STATES’ MOTION FOR
EXTENSION OF TIME TO ANSWER
OR OTHERWISE PLEAD; ORDER
THEREON (First Request)

The United States of America, through undersigned counsel, respectfully moves this

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Court for an order extending to May 18, 2015, the time in which it must respond to intervening

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defendant Chicago Title Company, Inc.’s complaint in intervention to interplead funds. In

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support of its motion, the United States asserts as follows:

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1.

The United States Attorney for the District of Nevada was served with the

summons and complaint in intervention in this action on March 19, 2015.

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Case 2:15-cv-00717-JCM-PAL Document 12 Filed 04/22/15 Page 2 of 4

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2.

On April 17, 2015, this case was timely removed from the District Court of Clark

County to this Court.
3.

Under the Federal Rule of Civil Procedure governing removed actions, an answer

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would be due 7 days from the date the action was removed, see Fed. R. Civ. P. 81(c)(2)(C), in

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this case, April 24, 2015.

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4.

The United States, its officers, and its employees normally receive 60 days in

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which to file an answer or otherwise plead. Fed. R. Civ. P. 12(a)(2); 28 U.S.C. §2410(b). In this

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case, the government’s response would be due on May 18, 2015.

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5.

The United States respectfully requests an extension of time which would afford it

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the full 60 days in which to respond. This would allow counsel for the United States time to

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receive from the Internal Revenue Service the material necessary to respond to the complaint and

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defend its interests, as well as obtain the Service’s views on the matter. This motion is not being

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made for delay, but to permit the United States to prepare a cogent and accurate response which

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would advance this litigation.

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6.

Both the Federal and local civil rules authorize this Court to grant, for good cause,

an extension of time in which to answer or otherwise plead. Fed. R. Civ. P. 6(b); LR 6-1.
7.

In moving for an extension of time, the United States does not waive any defenses

listed in Fed. R. Civ. P. 12(h).

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Case 2:15-cv-00717-JCM-PAL Document 12 Filed 04/22/15 Page 3 of 4

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For these reasons, the United States requests that its motion for an extension of time be

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granted, and that it be given until and including May 18, 2015, in which to serve its response to

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plaintiff’s complaint.

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Dated: April 22, 2015.

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Respectfully submitted,

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CAROLINE D. CIRAOLO
Acting Assistant Attorney General

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/s/ Gerald A. Role
GERALD A. ROLE (IL #6198922)
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 683
Washington, D.C. 20044
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

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IT IS SO ORDERED.
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PEGGY A. LEEN
United States Magistrate Judge

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Dated: April 30, 2015
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Case 2:15-cv-00717-JCM-PAL Document 12 Filed 04/22/15 Page 4 of 4

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CERTIFICATE OF SERVICE
IT IS CERTIFIED that the foregoing was served this 22nd day of April, 2015, by filing it
with the Court’s CM/ECF system, which will electronically transmit copies thereof to:

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Adam J. Breeden, Esq.
Lewis Brisbois Bisgaard & Smith
6385 S. Rainbow Boulevard, Suite 600
Las Vegas, Nevada 89118
Attorneys for Plaintiff Perfekt Marketing LLC

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Marni Watkins, Esq.
Fidelity National Law Group
2450 St. Rose Parkway – Suite 150
Henderson, Nevada 89074
Attorneys for Intervening Plaintiff Chicago
Title Co., Inc.

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/s/ Gerald A. Role
GERALD A. ROLE

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